Attorney general says suit over IDOT move is premature

A lawsuit to stop the move of 150 state transportation jobs from Springfield to southern Illinois should not be allowed to proceed, Attorney General Lisa Madigan’s office said Wednesday.

Doug Finke

A lawsuit to stop the move of 150 state transportation jobs from Springfield to southern Illinois should not be allowed to proceed, Attorney General Lisa Madigan’s office said Wednesday.

In court papers filed in Sangamon County, Madigan’s office argues it is premature for Springfield-area lawmakers, civic leaders and state employee unions to file a lawsuit trying to stop the move.

“Any alleged harm to plaintiffs’ rights is conjecture and contingent upon events that have not and may not occur, and therefore this dispute is not ripe for adjudication,” the papers say.

The issue will be argued at 9 a.m. Thursday before Judge Roger Holmes. The attorney general’s office represents the state in legal disputes.

Nine plaintiffs are trying to stop the Illinois Department of Transportation from moving its Division of Traffic Safety to Harrisburg in far southeastern Illinois. IDOT wants to purchase half of a former Wal-Mart building to house the employees, maintaining that the move will save money and spread economic benefits to other parts of the state.

Due to the nature of the legal action, a judge must give permission for the lawsuit to be filed. The hearing Thursday is about whether that permission should be granted.

Springfield attorney Don Craven, who is representing the plaintiffs, would not speculate if a decision will be made immediately.

If permission is granted, Craven will file a lawsuit saying the move should be stopped because Madigan’s office has not signed off on the purchase as required by law.

Coincidentally, in its filing, Madigan’s office says there’s no indication IDOT has asked the attorney general to sign-off on the building purchase, making legal action premature.

The lawsuit will also contend:

-- That the state cannot use gasoline tax money to buy the building;

-- That the building lies in a floodplain, which legally prevents the state from occupying it;

-- That the state failed to first seek out office space in central business or historic districts, another requirement of state law;

-- And that Gov. Rod Blagojevich stripped IDOT of its authority to buy office buildings in a 2003 executive order.

Madigan’s office said none of those arguments has merit. State law does not prohibit buying property in a floodplain, there is no requirement that offices be in central business or historic districts, and no law prohibits IDOT from buying office buildings, the court filing says. State law also gives IDOT wide latitude to buy an office building with gasoline taxes, according to the filing.

Additionally, Madigan’s office said it is improper to name Blagojevich as a defendant.

“Aside from making public statements about his endorsement and support for moving the Division of Traffic Safety in the Illinois Department of Transportation from Springfield to Harrisburg, there is no allegation of the involvement of the governor,” the court filing says.

If the courts allow the lawsuit, Blagojevich should be removed as a defendant, the court papers say. The other defendants are state Treasurer Alexi Giannoulias, Comptroller Dan Hynes and IDOT Secretary Milton Sees.

Plaintiffs include state Sen. Larry Bomke, R-Springfield, Reps. Raymond Poe, R-Springfield, and Rich Brauer, R-Petersburg, Springfield Mayor Tim Davlin, the Greater Springfield Area Chamber of Commerce, Teamsters Local 916, the American Federation of State, County and Municipal Employees Council 31, the Capital Area Association of Realtors and Downtown Springfield Inc.

Springfield officials decided to pursue legal action when Blagojevich said he would ignore the findings of a bipartisan legislative panel that said the move was not justified.